Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Oct 08, 2021 |
signed chap.456 |
Sep 28, 2021 |
delivered to governor |
Jun 09, 2021 |
returned to assembly passed senate 3rd reading cal.1603 substituted for s7172 |
Jun 09, 2021 |
substituted by a7601 |
Jun 07, 2021 |
ordered to third reading cal.1603 |
Jun 04, 2021 |
referred to rules |
Senate Bill S7172
Signed By Governor2021-2022 Legislative Session
Sponsored By
(D) 36th Senate District
Archive: Last Bill Status Via A7601 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2021-S7172 (ACTIVE) - Details
2021-S7172 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7172 SPONSOR: BAILEY TITLE OF BILL: An act to amend the family court act, in relation to execution of warrants in juvenile delinquency cases when family courts are closed This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee. Among the most salutary features of the "raise the age" legislation ("RTA") enacted in 2017 are the provisions that require accused juvenile delinquents to be brought before available accessible magistrates, designated by each Appellate Division, for pre-petition hearings during evening, weekend and holiday hours when Family Courts are not in session. See Family Court Act §§ 305.2(4), 307.3(4) L. 2017, C. 59, PART WWW, §§ 63, 65. These provisions, statewide in scope and including evenings, are an expansion of a long-standing, successful program in New York City in which alleged juvenile delinquents arrested on weekends and holidays are brought before the New York City Criminal Court for pre- petition detention hearings pursuant to Family Court Act § 307.4. The
2021-S7172 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7172 2021-2022 Regular Sessions I N S E N A T E June 4, 2021 ___________ Introduced by Sen. BAILEY -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the family court act, in relation to execution of warrants in juvenile delinquency cases when family courts are closed THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 312.2 of the family court act is amended by adding a new subdivision 3 to read as follows: 3. A JUVENILE WHO IS ARRESTED PURSUANT TO A WARRANT ISSUED UNDER THIS SECTION MUST FORTHWITH AND WITH ALL REASONABLE SPEED BE TAKEN DIRECTLY TO THE FAMILY COURT LOCATED IN THE COUNTY IN WHICH THE WARRANT HAD BEEN ISSUED, OR, WHEN THE FAMILY COURT IS NOT IN SESSION, TO THE MOST ACCES- SIBLE MAGISTRATE, IF ANY, DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT. IF A JUVENILE IS BROUGHT BEFORE AN ACCESSIBLE MAGISTRATE, THE MAGISTRATE SHALL SET A DATE FOR THE JUVENILE TO APPEAR IN THE FAMILY COURT IN THE COUNTY IN WHICH THE WARRANT HAD BEEN ISSUED, WHICH SHALL BE NO LATER THAN THE NEXT DAY THE COURT IS IN SESSION IF THE MAGISTRATE ORDERS THE JUVENILE TO BE DETAINED AND WITHIN TEN COURT DAYS IF THE MAGISTRATE ORDERS THE JUVENILE TO BE RELEASED. IN DETERMINING WHETHER THE JUVENILE SHOULD BE RELEASED, WITH OR WITHOUT CONDITIONS, OR DETAINED, THE MAGISTRATE SHALL APPLY THE CRITERION AND ISSUE THE FINDINGS REQUIRED BY SECTION 320.5 OF THIS ARTI- CLE. THE MAGISTRATE SHALL TRANSMIT ITS ORDER TO THE FAMILY COURT FORTH- WITH. § 2. This act shall take effect on the sixtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08692-02-1
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